Oregon Leads Case Against Trump Tariffs Straight To Supreme Court – KXL

Washington, D.C. – The Supreme Court will decide the fate of President Trump’s sweeping tariffs. Justices heard arguments Wednesday in a 12-state lawsuit led by Oregon. 

Oral arguments lasted nearly three hours, much longer than expected. “The court was grappling with the reality: did this President abuse an emergency power to be able to do this,” Oregon Attorney General Dan Rayfield said Wednesday afternoon.

Justices asked pointed questions of both sides, particularly over whether a President’s power to “regulate” imports includes taxation. The Trump Administration’s Solicitor General John Sauer told them, “When Congress confers the power to regulate imports, it is naturally conferring the power to tariff, which is delegated to the Executive branch.” But some Justices seemed skeptical. Rayfield said later, “You heard Chief Justice Roberts talk about, ‘So, Trump Administration, what you’re effectively saying is you can tax anything at any height for any length for any reason?’ And, that’s an immense amount of power.”  

Rayfield also points out the President’s lawyers admit tariffs are not paid by foreign countries. “$4 trillion is the amount of money that’s expected to be raised,” said Rayfield, “They talked, even in their own words, about 30-80% – by their own calculations – are going to be paid by Americans.” He wants the tariffs deemed illegal and refunds sent to businesses and consumers, “The philosophy behind this is exactly what we teach our kids: if you make a wrong, you make it right. And if you screw up, you need to fix it.”

Rayfield is cautiously optimistic about the outcome, “If I were sitting in the shoes of either the Trump administration or the states holding the line, I’d rather be sitting in our shoes right now, based on the questioning happening.” And, he thinks the ruling will be swift, but admits the timeline is unpredictable, “I would expect something to happen sooner than the normal schedule, just based upon past actions.”

Three lower courts ruled in favor of the 12-state coalition led by Oregon.